High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ order or d irection more particularly one in the nature writ of mandamus declaring the action of the respondent No. 2 in issuing Lr Roc No 110571238112023M dated. 11.2024 to process the file after resolution of the dispute regarding the owner of the land in survey No 257lp on the ground of pending wP No. 3365712023 even though the petitioner is not the party in the said Writ petition and petitioner complied all the formalities as required under Telangana Panchayt Raj act 2018 and Telangana Gram panchayat Land Development (Layout and Building ) rules 2002 issued vide Go Ms Nlo.67 pR and RD Department dated 26.2.2002 as arbitrary and illegal and also contrary to the /// /' Proc No. EPC No 11057t2g8112023w dated 25'9'2023 and File No' DTcPot35l2o24 dated 3,g.2oz'consequently direct the respondents to grant final layout in survey No.-llP , 2541P and 257 lP extent ac 9 776 cents situated at Andugulapetvillage,MandamarriMandal'Mancherialdistrictwhilesettingaside the Lr ROC No 1 1057/2381 l2O23M dl:11 '2024 issued by the respondent No 2' AN 10 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 3 to grant final Technical layout pattern for the layout vide Draft TLP NO. 214t2023/W in pursuance of the EPC NO 110571238112023M dated 25.9.2023 and file No DTCPO/3S 12024 daled 3 9 2024 of the respondent No. 4 for the land in survey No. l /P, 254P , 257lP extent ac 9 776 cents situated at Andugulapetvillage,Mandamarrimandal,MancherialdistrictwhileSuspendingthe LrROCNo.1',l057/2313l12O23M,dl.11.2024pendingdisposaloftheabovewrit petition. Counsel for the Petitioner: SRI GUDI MADHUSUOHAN REDDY Counsel forthe Respondent No'1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos'2 to 4: GP FOR MUNICIPAL IOIVIINISTRATION URBAN DEVELOPMENT Counsel for the Respondent No'5: SRI R' CHANDRA SHEKAR REDDY' SC The Court made the following: OROER THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.36863 OF 2024 REDRo In this Writ Petition, the petitioner is challenging the action of respondent No.2 in issuing Letter in Roc No.11058/2381120231W dt. .11.2024 directing respondents No.4 and 5 to process the file for issuance of final layout approval after resolution of the dispute in W.P.No.33657 of 2023.

2. Leamed counsel for the petitioner submits that the petitioner is the owner and possessor of the subject land and has submitted all the relevant documents, on the basis of which the draft layout has been approved and the petitioner has also paid relevant fee and submitted all relevant documents including execution of a gift deed in favour of respondeht No.5 and thereafter, only at the stage of issuance of final layout approval, the impugned letter has been issued. He submitted that the petitioner is not a party in W.P.No.33657 of 2023 and there are no disputes with regard to the said property in any Court and there are no further orders also in respect of the subj ect properry. ) w.P. No.31i863 of 2024

3. Learned Government Pleader for Municipal Administration and Urban Development, i.e., respondents 2 to 4 submitted that due to the pendency of W.P.No.33657 of 2023 and aiso W'P'No'33679 of 2023 before this Court and as the subject property in the said Writ Petitions is also the subject property in the layout of the petitioner' i'e'' Ac'6'29 guntas in Survey No.257lP of Andugulpet Village, Mandamarri Mandal' Mancherial Distict, the impugned letter has been issued in tespect of the subject ProPerty.

4. Having regard to the rival contentions and the material on record' thisCourtfindsthatadmittedly,thepetitionerwasnotapartl'toanyof the Writ Petitions filed and neither were any orders passed by any of the Courts restraining the respondents from issuing the fina1 layout or passing any orders in respect of the subject property, i'e', Ac'6''29 guntas in Survey No.257 of Andugulpet Village, Mandamarn Mandal' MancherialDistrict.Therefore,thereisnobasisforissuanceofthe impugned letter and this Court is inclined to set aside the same and direct the respondents to issue final layout approval within the time prescribed in the statute subject to the petitioner fulfilling all relevant .4-., -conditions e 3 W.P. No.36E63 of 2024

5. The Writ Petition is accordingly disposed of. No order as to costs.

6. Pending miscellaneous petitions, if any, in this Writ petition shall stand closed. //TRUE COPY// SD/-L, LAKSHMI BABU ASSISTANT REGISTRAR S TION OFFICER Hyderabad. Hanrnakonda, Hanmakonda district rhe State of Tetangana, secretariat Hyderabad.

1. The Principal_Secretary, Panchayat Raj and rural Development Department, 2. The Director, Townand country Plannihg, 4rh and 5rh floor, 640AC guards 3. The Regional Deputy Director, Town and country planning KUDa complex, 4. The District town and country planning Officer, Mancherial district. 5. The Andulapet grampanchayat, rep by its panchayat Secretary Andugulapet Q. 9ne CC to Sri Gudi Madhusudhan Reddy, Advocate tOpUCI 7. Tiyo CCs to GP for Panchayat Raj Rurql-Developmeni, High bourt for the - State_of Telangana, at Hydeiabad iOUTI 8. lwo CC to The GP for [\4unicipal Aijmini-stration Urban Development. Hioh Court for the State of Telangaha, at HyderabadlOUTl 9. One CC to Sri R. Chandra Shekar Reddy, SC tOpuil '10.Two CD Copies village, Mandamarri mandal Mancherial district. To, TJ BS HIGH COURT DATED:0210112025 I ORDER WP.No.36863 of 2024 o LL d ,-\ 'i-\\(,r \ IFo .s ,.\ I ? 1 C i-3$ H 9Q DISPOSING OF THE WRIT PETITION WITHOUT COSTS )A \ ?P